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Lucian T. Pera
Editor-in-Chief, TBALink

PATRICIA P. ASHE
VS.
RADIATION ONCOLOGY ASSOCIATES and STEVEN L. STROUP, M.D.
Court:TSC
Attorneys:
FOR APPELLANT: FOR APPELLEE:
DAVID RANDOLPH SMITH THOMAS A. WISEMAN III
ROBERT BLAKE MENZEL Nashville
Nashville
Judge: HOLDER
First Paragraph:
We granted this appeal to address the appropriate standard to be
employed when assessing the issue of causation in a medical
malpractice informed consent case. We find that the objective
standard as set forth in this opinion best balances a patient's right
to self-determination with the need for a realistic framework for
rational resolution of the issue of causation. We hold that the
standard to be applied in informed consent cases is whether a
reasonable person in the patient's position would have consented to
the procedure or treatment in question if adequately informed of all
significant perils. The decision of the Court of Appeals is affirmed,
and the case is remanded to the trial court for a new trial.
http://www.tba.org/tba_files/TSC/ashepatp.wpd
EDDIE RONALD EADY
VS.
CIGNA PROPERTY & CASUALTY COMPANIES
Court:TSC
Attorneys:
For Appellants For Appellee
D. Russell Thomas Patrick A. Ruth
Herbert M. Schaltegger Gracey, Ruth, Howard, Tate & Sowell
Murfreesboro, TN Nashville, TN
Judge: GAYDEN
First Paragraph:
This case is before the Court upon motion for review pursuant to Tenn.
Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order
of referral to the Special Workers' Compensation Appeals Panel, and
the Panel's Memorandum Opinion setting forth its findings of fact and
conclusions of law, which are incorporated herein by reference . . .
http://www.tba.org/tba_files/TSC/JOEADY.wpd

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